CLA-2 CO:R:C:G 085988 JMH
Mr. Donald P. Neubauer
Assistant Branch Manager
John v. Carr & Son, Inc.
P.O. Box 268
Buffalo, New York 14201
RE: Light-Log and Gyro-Log Survey System
Dear Mr. Neubauer:
Your letter of September 25, 1989, requesting a
classification ruling on behalf of Techdel International, Inc.
for the Light-Log and the Gyro-Log Survey Systems was referred to
this office for a reply.
FACTS:
The merchandise in question, the Light-Log and the Gyro-Log
Survey Systems, is imported from Canada and is used to determine
the precise location of a drilled hole. The devices are used
largely by exploring and mining companies. The survey systems
allow the operator to know precisely where diamond drill holes
are located throughout their entire length. This length can
exceed a mile in any direction and can deviate by as much as a
half mile.
The Light-Log system records the changes of direction in a
drill hole by measuring the bending of a steel tube inserted into
the drill hole. This is done by photographing a point of light
on a target, the location of which is proportional to the amount
of bend in the tube. With the Light-Log, photographs are taken
at known intervals along the length of the hole and the
information obtained is converted into the hole coordinates for
these points. Using the known direction of the hole at the
surface, the actual hole location in space can be calculated.
In order to orient the target, an air bubble is photographed with
the target. An inclinometer is included inside the instrument so
that an inclination reading is photographed with the target.
-2-
The Light-Log is lowered down the drill hole on a drill-line
by means of a winch. Measurements are photographed every ten
feet along the length of the hole. A timing device activates the
camera and advances the film. On completion of the hole survey,
the film is removed from the instrument and developed. The
information is then read from the film and converted by a
computer to give the hole coordinates. The computer is not part
of the Light-Log importation.
The inventory list for the Light-Log includes the following
components: a probe consisting of the switch casing containing
electronics, the switch arrangement, the light, and the target
plates; the camera casing holding the dry gel anti-condensation
container, the camera with rechargeable batteries, the film and
the winding mechanism; spare "O" rings, a battery tester, grease,
and a carrying case; a counter-timer including a battery charger
and carrying case; a microfiche reader, overlay, and an
instruction manual; traversers (2 x 10 ft.); spacers; and a
survey kit including a developing can, a darkroom bag, a
developer bottle, a stop bath bottle, a fixer bottle, and
instructions.
The Gyro-Log functions similarly to the Light-Log. However,
the Gyro-Log also utilizes a pendulum and a gyroscope. It is
designed for use with holes drilled near vertical 85 to 90
degrees.
ISSUE:
What is the proper classification for the Light-Log and the
Gyro-Log Survey Systems under the Harmonized Tariff Schedule of
the United States Annotated (HTSUSA)?
LAW AND ANALYSIS:
The classification of merchandise under the HTSUSA is
governed by the General Rules of Interpretation (GRI's). GRI 1,
HTSUSA, states in part that "for legal purposes, classification
shall be determined according to the terms of the headings and
any relative section or chapter notes..." The terms of the
headings indicate that the appropriate heading for the Light-Log
and Gyro-Log Survey Systems is heading 9015, HTSUSA. This
heading describes:
9015 Surveying (including photogrammetrical
surveying), hydrographic, oceanographic,
hydrological, meteorological or geophysical
instruments and appliances, excluding
compasses, rangefinders, parts and
accessories thereof...
-3-
9015.80.20 Other instruments and appliances...
Optical instruments and appliances...
The Light-Log and the Gyro-Log are specifically designed
instruments which perform a surveying function. Therefore, it is
the opinion of this office that these surveying systems are to be
classified within subheading 9015.80.20, HTSUSA.
HOLDING:
The Log-Light and the Gyro-Light Surveying Systems are
properly classified within subheading 9015.80.20, HTSUSA. Since
the goods originate and are imported from Canada, the rate of
duty is 5.0 percent ad valorem according to the United States-
Canada Free Trade agreement upon compliance with all regulations.
Sincerely,
John Durant, Director
Commercial Rulings Division